Other conditions decisions — 2018

The Veteran's appeals have been dismissed due to his death.

The Veteran's cause of death, acute myeloid leukemia and myelodysplastic syndrome, is found to be service-connected due to exposure to herbicide agents during his Vietnam service. The Board finds the medical opinion from Roswell Park Cancer Institute sufficient to establish a causal relationship between the Veteran's herbicide exposure and his condition.

The Board has remanded the cases due to additional evidence being added and a need for another VA examination.

The Board has determined that further development is needed to determine if the Veteran's myelodysplasia was caused by herbicide agent exposure during service, and to provide a medical opinion on whether this condition contributed to his death.

The appellant's claim for unreimbursed medical expenses for the calendar year 2012 was not timely filed, and therefore her appeal is denied.

The Board found that the reduction in VA disability compensation for 72 days of drill pay during fiscal year 2014 and 30 days of drill pay during fiscal year 2015 was proper, thus denying the appeal.

The Veteran's testicular disorder, characterized as epididymitis, was not caused by or related to active duty service and therefore, the claim for service connection is denied.

The Board denied the Veteran's request to change the effective date of his election of Chapter 33 education benefits in lieu of Chapter 30 benefits due to improper completion of the VA Form 22-1990, which was not signed by the Veteran.

The Board has remanded the case due to incomplete records and the need for further investigation into the Veteran's disability status.

The Board has remanded the case for further development and examination to determine if the Veteran's cerebrovascular disability, including a calcarine fissure stroke and cerebrovascular disease, is related to his service-connected coronary artery disease or exposure to Agent Orange during military service.

The Veteran's claim for payment or reimbursement of medical expenses at a private hospital was denied because the VA clinician determined that his condition had stabilized and he could have been transferred to a VA facility. The appeal is remanded due to lack of documentation and rationale.

The Veteran's emergency room visit on March 3, 2014 for chronic cough and possible pneumonia was considered an emergency due to his symptoms. The VA facility in Oklahoma City was not feasibly available and seeking care at the nearest VA clinic did not result in immediate treatment. Therefore, payment or reimbursement of medical expenses incurred is granted.

The Board denied service connection for hyperopia and presbyopia, finding that the Veteran's preexisting refractive error was not aggravated by service. The claim for an initial rating in excess of 40 percent for overactive bladder is remanded.

The Board denied the appellant's claim for eligibility in the VRAP due to his discharge from active duty service under other than honorable conditions, as there is no evidence showing he was insane at the time of misconduct.

The Board has remanded the case due to the need for additional development and readjudication, including obtaining relevant prison hospital records and other military station records.

The Veteran's service-connected post-operative right rotator cuff repair needs to be reassessed due to recent surgery. The Board has ordered a new VA examination to determine the current severity of his disability.

The Board denied an extraschedular evaluation for osteomyelitis of the left ring finger, finding that the available schedular ratings were adequate and that the symptoms did not warrant a higher rating.

The appeal is dismissed because the appellant passed away during the pendency of the appeal and her claim for death pension benefits cannot be processed as she has died.

The Veteran's service-connected orthopedic disabilities have rendered him unemployable due to his inability to perform the tasks required for his trucking career. The Board has referred this issue to the Director of Compensation and Pension Service for consideration of whether a TDIU on an extra-schedular basis is warranted.

The Veteran's right knee flexion limitation is granted at a 30% rating prior to March 4, 2015. From March 4, 2015 to October 10, 2016, the Veteran was mistakenly rated at 40%, which has been corrected. Since October 11, 2016, his right knee flexion limitation is granted at a non-compensable rating. The left knee flexion limitation remains at a non-compensable rating throughout the appeal period.